North Norfolk District Council v Secretary of State for Communities and Local Government & Anor [2014] EWHC 279 (Admin) (14 February 2014)

North Norfolk District Council v Secretary of State for Communities and Local Government & Anor [2014] EWHC 279 (Admin) (14 February 2014)

The inspector did not err in his treatment of the development plan or in his application of Section 38(6) of the 2004 Act; he was entitled to balance the benefits of renewable energy against the identified harm to landscape and heritage assets and conclude that the proposal accorded with the aims of the development plan. However, the inspector failed to demonstrate, on the face of the decision letter, that he gave special regard to the desirability of preserving the setting of listed buildings as required by Section 66(1) of the LBA 1990, instead conducting a straightforward planning balance under paragraph 134 of the NPPF without applying the statutory presumption.

Citation
[2014] EWHC 279 (Admin)
Parties
Claimant: North Norfolk District Council; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: David Mack
Jurisdiction
England and Wales
Judgment Date
14 February 2014
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim allowed in part; inspector's decision quashed for failure to comply with Section 66(1) of the LBA 1990.
Legal Topics
Development Plan Weight, Listed Building Setting, Renewable Energy Planning, Statutory Duty Under Section 66(1), National Planning Policy Framework (nppf), Judicial Review of Planning Decisions
Planning Law Administrative Law Heritage Law Development Plan Weight Listed Building Setting Renewable Energy Planning Statutory Duty Under Section 66(1) National Planning Policy Framework (nppf) +1 more

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Parties

North Norfolk District Council

Claimant

Secretary of State for Communities and Local Government

1st Defendant

David Mack

2nd Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the inspector failed to attach proper weight to the development plan as required by Section 38(6) of the Planning and Compulsory Purchase Act 2004 or failed to give adequate reasons for departing from it
  2. 2 Whether the inspector failed to have special regard to the desirability of preserving the setting of listed buildings, contrary to Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990

Ratio Decidendi

The inspector did not err in his treatment of the development plan or in his application of Section 38(6) of the 2004 Act; he was entitled to balance the benefits of renewable energy against the identified harm to landscape and heritage assets and conclude that the proposal accorded with the aims of the development plan. However, the inspector failed to demonstrate, on the face of the decision letter, that he gave special regard to the desirability of preserving the setting of listed buildings as required by Section 66(1) of the LBA 1990, instead conducting a straightforward planning balance under paragraph 134 of the NPPF without applying the statutory presumption.

Court Disposition

Claim allowed in part; inspector's decision quashed for failure to comply with Section 66(1) of the LBA 1990.

Orders

  • The inspector's decision is quashed.
  • The matter is remitted for redetermination in accordance with the law.